Mazen Habash

The plaintiffs sought damages after a house fire caused by failure of a motor within a heat recovery ventilator.

The court found that the appliance manufacturer negligently designed the unit by using cycling thermal protection without adequate system-level overcurrent protection or adequate end-of-life safety measures, and awarded property and non-pecuniary damages totalling $1,133,739.00.

The motor supplier was not liable because the motor itself was not defective, the appliance manufacturer bore responsibility for integrating the component safely into the finished product, and causation was not established on any alleged failure to warn.

The court also dismissed an issue estoppel motion based on prior Québec litigation and held that, if the component supplier had been liable, the contractual indemnity terms would have required indemnification by the appliance manufacturer.

The plaintiff, an 18-year-old soccer player, suffered an electric shock from stray voltage leaking from a light pole at a municipally-owned sports field.

The shock was caused by internal damage to the pole's wiring resulting from a recent lightning strike.

The plaintiff sued the municipality under the Occupiers' Liability Act, claiming physical and psychological injuries, including PTSD.

The Superior Court of Justice dismissed the action, finding that the specific nature of the electrical failure was highly unusual and not reasonably foreseeable.

The court concluded that the municipality had met its standard of care by adhering to regular inspection and maintenance protocols, and was not liable for the plaintiff's injuries.